Electricity Industry Act 2010

Reprint as at 1 September 2017

Coat of Arms of New Zealand

Electricity Industry Act 2010

Public Act
2010 No 116
Date of assent
5 October 2010
see section 2

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


3Act binds the Crown
6Extended meaning of breach
7Industry participants
8Transpower is system operator
9Industry participants to register and comply with Code
10Exemption from obligation to register
11Exemption from obligation to comply with Code
12Authority established
13Membership of Authority
14Independence of members of Authority
15Objective of Authority
16Functions of Authority
17Statements of government policy
18Reviews on request by Minister
19Charter about advisory groups
20Security and Reliability Council
21Other advisory groups
22Application of Crown Entities Act 2004
23Continuation of Rulings Panel
24Membership of Rulings Panel
25Function of Rulings Panel
26Funding of Rulings Panel and remuneration of members
27Register of industry participants
28Transfer of old information to register
29Registration and requirement to update information
30Ceasing to be registered
31Offences relating to registration
32Content of Code
33Status of Code
34Content of initial Code
35Certification of draft Code
36Code comes into force
37Making Code accessible
38Authority amends Code
39Consultation on proposed amendments
40Urgent amendments to Code
41Authority to publish consultation charter
42Specific new matters to be in Code
43Minister may amend Code to include new matters
44Transmission agreements
45Purposes of exercise of Authority’s monitoring, investigation, and enforcement powers
46Authority’s monitoring, investigation, and enforcement powers
47Power to search
48Privileges protected
49Authority may suspend trading in case of insolvency
50Complaints, appeals, and disputes
51Interim injunctions
52Limitation periods for breaches of Code
53Powers and procedures of Rulings Panel
54Remedial orders for breach of Code
55Restrictions on remedies
56Pecuniary penalty orders
57Offence to breach certain orders of Rulings Panel
58Suspension and termination for breach of certain Rulings Panel orders
59Effect of suspension and termination orders
60Offences relating to suspension and termination orders
61Powers in relation to appeals and disputes
62Orders generally
63Appeal on ground of lack of jurisdiction
64Appeal on question of law
65Appeal against certain orders of Rulings Panel
66How and when appeals made
67Determination of appeals
68High Court may refer appeals back for reconsideration
69Provisions pending determination of appeal
70High Court may order proceedings be heard in private
71Appeal to Court of Appeal in certain cases
72Purpose and outline of this Part
73Interpretation in this Part
74Meaning of involved in
75Ownership separation
76Corporate separation and arm’s-length rules applying to distributors and connected generators and connected retailers
77Use-of-systems agreements
78Person involved in distributor must not pay for transfer of retail customers to connected retailers
79No discrimination when paying rebates or dividends
80Pecuniary penalties
82Actions for damages
83Other powers to give directions, reopen agreements
84Miscellaneous provisions relating to civil proceedings under this Part
85Application of Commerce Act 1986 provisions
86Additional proceedings
87Application to persons outside New Zealand
88Disclosure of information to Authority
89Directors must report compliance with arm’s-length rules
91Application of Commerce Act 1986
92Not interconnected under Commerce Act 1986
93Illegal contracts
94Substance matters, not form
95Complaints about Transpower, distributors, and retailers
95AIndemnity disputes
96Membership of dispute resolution scheme
97Compliance with rules and binding settlements
98Offence to fail to comply with District Court order
99Customer and community trusts must prepare and submit for audit financial statements
100Publication of audited financial statements
101Auditor of trusts
102Procedures for annual meeting to appoint auditor
103Auditor-General to be auditor if no other auditor appointed
104Offences, enforcement, and application of sections 99 to 103
105Continuance of distributors’ supply obligation
106Cessation and suspension of supply obligation
107Proposal to supply electricity from alternative source
108Application of other enactments
109Regulations identifying industry participants and market operation service provider roles
110Class exemptions relating to registration and Code compliance
111Class exemptions relating to membership of dispute resolution scheme
112Regulations relating to monitoring, investigating, and enforcing Code
113Regulations about tariffs and other consumer issues
114Regulations promoting accountability in customer trusts and community trusts
115General regulation-making power
116Interpretation for subpart
117Directions that may be given by shareholding Ministers
118Process for giving directions
119Legal effect of directions
120Purposes of sections 121 to 126
121Process for Meridian and Genesis to recommend changes to permit conditions in respect of Waitaki Power Scheme
122Minister may change permit conditions by order
123Existing agreements with other parties in respect of Waitaki Power Scheme
124Reconfiguration of existing agreements
125Other provisions about directions
126Interface with Resource Management Act 1991
129Authority consultation about request for appropriation
129AEnergy Efficiency and Conservation Authority consultation about request for appropriation
130Specific authorisations for purposes of Commerce Act 1986
131Distributors and grid owners exempt from liability for certain outages
131AApplication of electricity industry legislation to secondary networks
133Electricity Commission dissolved
134Consequences of dissolution
135References in documents to Electricity Commission
136References to reserve generation capacity in resource consents
137Transferred employees
138Government Superannuation Fund
139Complaints, investigations, etc, transfer to Authority
140References to Electricity Governance Rules 2003 and certain regulations
141Members of Rulings Panel
142Work of Rulings Panel
143Investigations relating to separation of distribution from generation and retailing
144Exemptions granted under Electricity Industry Reform Act 1998
145Amendments to Commerce Act 1986
147Matters covered by input methodologies
148Commission’s costs in setting customised price-quality path
149Interpretation for subpart
150Meaning of electricity lines services
151Definition of consumer-owned
152How exempt status can be lost and default/customised price-quality regulation can be applied to consumer-owned suppliers
153Administrative settlements with Transpower made before 1 April 2009
154Proposals for customised price-quality paths
155New heading and sections 54R and 54S substituted
54RApproval of Transpower’s grid upgrade plans
54SCommission to prepare input methodology for capital expenditure proposals
156New section 54V substituted
54VImpact of certain decisions made under Electricity Industry Act 2010
157Amendments to Energy (Fuels, Levies, and References) Act 1989
158Part 2 repealed
159Purpose of levies
160Amendments to Electricity Act 1992
163New section 43A inserted
43ADifferent Ministries responsible for different codes
164Consequential amendments and repeal of spent provisions
165Repeal of Electricity Industry Reform Act 1998
166Amendments to other enactments
Reprint notes

The Parliament of New Zealand enacts as follows: